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2025 DAILYLAW 75041 (ALL)

SANTOSH KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/9709/2025 · 2025-07-30

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128287 Court No. - 4 Case :- WRIT - A No. - 9709 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adya Prasad Tewari,Ashesh Kumar Mishra Counsel for Respondent :- C.S.C.,Yash Padia Hon'ble Ajit Kumar,J. 1. Heard. 2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the order of suspension dated 16.05.2025 on the ground that there is no iota of evidence available qua the allegations levelled in the suspension order. 3. Learned Standing Counsel has opposed the writ petition by submitting that certain charges were serious and since petitioner has already been served with the charge sheet, he may furnish reply thereof so that the fact finding detailed enquiry is held and in which the petitioner will have opportunity to put up his defence. 4. Considering the facts and circumstances of the case and the allegations that have come up to be levelled in the order of suspension, I consider it more appropriate at this stage to direct for expeditious disposal of the disciplinary proceedings. Since the petitioner has already been served with the charge sheet, this petition stands disposed of with the following directions: (i) Petitioner shall be submitting reply within four weeks from today to the chargesheet already received by him, however, in the event petitioner wants copy of any document relied upon in the charge sheet he may apply for the same with the same period and if the authority has no objection in providing the document, copies of the same shall be provided to the petitioner within a further period of two weeks. (ii) In the event petitioner receives the documents he shall be submitting detailed reply to the charge sheet within further two weeks and in the event petitioner is not supplied with the charge sheet he may be permitted to peruse the records during enquiry in such circumstances petitioner shall also be submitting reply to the charge sheet within the same period as directed hereinabove from the date of order issued by the respondents to peruse the records during enquiry. (iii) After the petitioner submitting reply to the chargesheet, departmental oral enquiry shall be held fixing date and time and giving opportunity to the petitioner to participate in the same. The departmental enquiry shall be concluded within a maximum period of one month of the first date fixed in the enquiry to offer oral hearing to the petitioner. (iv) Soon after the enquiry report is submitted the disciplinary proceedings shall be concluded within next one months' time in full compliance to the procedure prescribed for under the relevant Discipline and Appeal Rules and also to the principles of natural justice. 5. It is further provided that in the event disciplinary proceedings are not concluded despite due cooperation rendered by the petitioner within the time frame as prescribed hereinabove, the order of suspension dated 07.05.2025 placing the petitioner under suspension shall stand revoked. Petitioner shall be, in such circumstances, entitled to reinstatement with pay. 6. The salary for the period petitioner remained under suspension shall depend upon the outcome of the disciplinary proceedings, however, petitioner would continue to receive subsistence allowance without any delay and in the event any subsistence allowance has not been paid till date, the arrears shall be paid in respect thereof within a period of four weeks of the presentation of certified copy of this order. 7. The petition thus, stands disposed of. Order Date :- 31.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad